CRC - 2017P 27By Commissioner Coxe
coxeh-00045-17 201727__
1 A proposal to amend
2 Section 2 of Article V of the State Constitution to
3 authorize the Supreme Court to adopt rules regarding
4 the cross-county assignment of county judges within a
5 judicial circuit.
6
7 Be It Proposed by the Constitution Revision Commission of
8 Florida:
9
10 Section 2 of Article V of the State Constitution is amended
11 to read:
12 ARTICLE V
13 JUDICIARY
14 SECTION 2. Administration; practice and procedure.—
15 (a) The supreme court shall adopt rules for the practice
16 and procedure in all courts including the time for seeking
17 appellate review, the administrative supervision of all courts,
18 the transfer to the court having jurisdiction of any proceeding
19 when the jurisdiction of another court has been improvidently
20 invoked, and a requirement that no cause shall be dismissed
21 because an improper remedy has been sought. The supreme court
22 shall adopt rules to allow the court and the district courts of
23 appeal to submit questions relating to military law to the
24 federal Court of Appeals for the Armed Forces for an advisory
25 opinion. Rules of court may be repealed by general law enacted
26 by two-thirds vote of the membership of each house of the
27 legislature.
28 (b) The chief justice of the supreme court shall be chosen
29 by a majority of the members of the court; shall be the chief
30 administrative officer of the judicial system; and shall have
31 the power to assign justices or judges, including consenting
32 retired justices or judges, to temporary duty in any court for
33 which the judge is qualified and to delegate to a chief judge of
34 a judicial circuit the power to assign judges for duty in that
35 circuit. Notwithstanding any other provision herein, the supreme
36 court may adopt rules to provide for the cross-county assignment
37 of county judges within each judicial circuit in order to
38 address workload issues within the state courts system.
39 (c) A chief judge for each district court of appeal shall
40 be chosen by a majority of the judges thereof or, if there is no
41 majority, by the chief justice. The chief judge shall be
42 responsible for the administrative supervision of the court.
43 (d) A chief judge in each circuit shall be chosen from
44 among the circuit judges as provided by supreme court rule. The
45 chief judge shall be responsible for the administrative
46 supervision of the circuit courts and county courts in his
47 circuit.
48